INTRODUCTION The Data Protection Act 1998 gives individuals certain rights. It allows us to find out what information is held about us on computer and sometimes paper records. This is known as a 'Right of Subject Access'. It also states that those who record and use personal information must be open about how the information is used and they must follow the eight data protection principles of good practice, which are: - Processed fairly and lawfully
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate and up-to-date
- Not kept longer than necessary
- Processed in accordance with the data subject's rights
- Secure
- Not transferred to countries outside the EEA without adequate protection
Fair Processing Notice 
WHAT IS 'PERSONAL DATA'?
Personal Data is defined as information relating to a ‘living' individual who can be identified either from the information itself or indirectly by combining the information with other data available to the data controller. Personal data includes expressions of opinion about the individual and any indication of intentions anyone may have in respect of the individual.
YOUR RIGHTS
Subject to certain exemptions you have a right to be told whether any information is held about you and a right to a copy of that information. You DO NOT have the right to any information that identifies someone else, or the right to information that is not your personal data.
HOW TO ACCESS YOUR RECORDS – SUBJECT ACCESS
The Subject Access Provisions of the Data Protection Act give an individual the right to have a copy of any personal data held on them. Section 7 of the Data Protection Act 1998 states that a 'data subject' (the person about whom the personal data refers) is entitled, upon written request, to be informed whether or not personal data is held or processed about them. If you would like to know what information Northamptonshire Police holds about you, or you would like a previous conviction history report you must complete a Subject Access Form (Form 164). Proof of identification and payment of £10 must accompany a completed application form. Please note that once we have received your completed application it can take up to 40 days to receive a response. HOW TO APPLY FOR INFORMATION - By post. Please complete the form, send two copies of ID and payment.
- On-line. You can apply and pay on-line,
or alternatively: Submit the application form and proof of identity on-line and pay by cheque or postal order and send this separately.
3. You must reside within Northamptonshire County to make application for a previous conviction history report, this will not apply however for requests for information held locally by Northamptonshire Police.
EMPLOYMENT APPLICATIONS
This service is not a pre-employment vetting service and applicants wishing to apply for subject access as a condition of employment should refer to the following link: www.disclosurescotland.co.uk or telephone 0870 6096006 If you are or intend to work with children or vulnerable adults contact the Criminal Records Bureau on 0870 9090811 or visit www.crb.gov.uk
EMIGRATION APPLICATIONS
Emigration applications usually require your ' Prosecution/Conviction History ' record as held on the Police National Computer . You will be required to complete a ' Subject Access Request' Form in order to obtain this information. Once your completed application has been received, Northamptonshire Police will write and confirm safe receipt. Your application is then forwarded to the National Identification Service at New Scotland Yard who will process your request and send the report direct to your current address. Please note it can take up to 40 days to receive a response. You should receive a reply from NIS within 40 days of Northamptonshire Police receiving your correctly completed application form, proof of identity and fee. If you DO NOT receive a response from NIS once the forty day period has exceed you should contact the Information Unit by telephone on 01604 703213 or by e-mail at dataprotection@northants.police.uk as soon as possible. Requests for prioritisation of application cannot be considered.
EVIDENCE OF CHARACTER
Police Forces within the United Kingdom DO NOT issue documents described as ‘certificates of good conduct' or ‘Police Clearance Certificates'. Nor do they provide other evidence of good character. It should therefore be noted that to exercise your rights under the Subject Access Provisions of the Data Protection Act 1998 would NOT provide you with a certificate of this nature.
THE CHIEF OFFICER'S RIGHTS
The Chief Officer of Police may deny access to information where the Act allows. The Act provides exemptions in relation to information held for:- - The prevention or detection of crime;
- The apprehension or prosecution of offenders;
- The interests of national security;
where disclosing that information to you would be likely to prejudice any of these purposes.
MORE INFORMATION
These notes are only a guide. The law is stated within the Data Protection Act 1998. Further information may be obtained from: Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF Telephone: 01625 545740
If you have any difficulty completing this form or require any other assistance please contact Northamptonshire Police, Information Unit on 01604 703213 or email dataprotection@northants.police.uk
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